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One more thought - if you decide to appeal, consider asking the court for a fee waiver if you're low income. The $400+ filing fee can be waived if you qualify. The form is available on most Superior Court websites.
Based on everything you've shared, especially about the "updated policy" they sprung on you during the hearing, I think you should at least consult with the Unemployment Law Project before deciding. If they think you have a decent case, it might be worth pursuing. The fact that you texted your supervisor each day and they're claiming you violated a policy you never received could be exactly the kind of factual dispute that might get traction in court. To prepare for a consultation, gather: 1. Your original ESD determination letter 2. The OAH decision 3. Any evidence you submitted (like the text messages) 4. The employer's handbook with the "as soon as practicable" language 5. Any documentation showing you weren't notified of policy changes Good luck with whatever you decide!
This is super helpful - I've started gathering all these documents today. I realized I actually have an email from HR from 3 months before my termination confirming the current call-in policy (the one I followed), which directly contradicts what they claimed at the hearing. I think I'll definitely get a consultation before deciding.
That email from HR could be HUGE for your case! If you have written documentation showing the policy they claim you violated didn't exist when you were employed, that's exactly the kind of evidence that could support an appeal. Definitely sounds like you should talk to the Unemployment Law Project - they'll know immediately if that kind of documentation gives you a strong case. Keep us posted on what they say!
Good luck with everything. The job market is tough right now but unemployment benefits, even if they're low, can help bridge the gap while you find something good.
I feel your frustration - went through the same thing when I got laid off last year. The weekly benefit calculation is based on your highest earning quarter during the base period (usually the first 4 of the last 5 completed quarters before you filed), but even with decent earnings the cap really hurts in Seattle. One thing that helped me stretch the benefits was looking into local food banks and utility assistance programs - many don't have strict income requirements when you're on unemployment. Also check if your former employer offered any severance or if you have unused PTO that might be paid out, as that can sometimes help fill the gap while you job search.
also make sure ur still doing all ur job search activities every week even while this overpayment thing is happening. my cousin forgot to do his job searches for two weeks while dealing with an overpayment issue and they disqualified him completely, had to appeal and everything it was a huge mess
Just want to add that if you're struggling financially while dealing with this overpayment, make sure you also look into other resources in your area. Many counties have emergency rental assistance programs, food banks, and utility assistance that can help bridge the gap while you're getting reduced unemployment payments. I had to use a few of these programs when I was in a similar situation and it really helped me stay afloat. Also, if you have any documentation from the family emergency (like medical records, death certificate, travel receipts), keep those handy - sometimes they can help explain the circumstances to ESD even after the fact.
Don't forget that in addition to your regular unemployment benefits, you might also qualify for the extra $25 per dependent per week if you have kids. Doesn't change the advice about filing immediately, but worth knowing when budgeting for after your severance ends!
Just went through this exact situation myself! Got laid off in November with 6 weeks severance. Filed my initial claim the Monday after my last day even though my severance was higher than UI benefits. The key thing is you HAVE to keep filing those weekly claims during severance or they'll consider your claim abandoned. I made the mistake of skipping a couple weeks thinking "why bother if I'm getting $0" and had to call ESD to reactivate. Also heads up - they might ask for documentation of your severance agreement, so keep that handy. The good news is once your severance ends, the benefits kick in automatically if you've been filing consistently. Definitely don't wait until March like I almost did!
PaulineW
I HATE how they leave you hanging like this!!! My appeal took 9 DAYS to show up despite the judge saying "a few days" and by then I'd already had to borrow money from family just to keep my lights on. The whole system is designed to make people give up!!!!
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Chris Elmeda
•Totally agree. The stress of not knowing is almost worse than a bad decision. At least then you can plan your next steps.
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Hailey O'Leary
UPDATE: My decision just came through! It was under the Documents tab like you all said. The judge reversed ESD's determination! Now I'm wondering how long until I actually see the money...should I call ESD to make sure they process it quickly?
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Jean Claude
•CONGRATS!! definitely call them ASAP! Be prepared to call multiple times to get through. In my experience the squeaky wheel gets the grease with ESD!
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Jessica Nguyen
•That's amazing news! I'm so happy for you! I've been following your posts and was really hoping it would work out. Definitely call ESD today if you can - from what I've read here it sounds like being proactive really helps speed things up. Hope you get your payments soon and can stop stressing about rent!
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